Federal Register - September 22, 2021
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Source: Federal Register
52736
Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
FMCSA20150117, FMCSA2016
0008, FMCSA20190028, FMCSA
20190030, or FMCSA20190031 in the keyword box, and click Search.
Next, sort the results by Posted Newer-Older, choose the first notice listed, and click on the Comment button. Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building Ground Floor, Room W12140, Washington, DC 205900001.
Hand Delivery: West Building Ground Floor, Room W12140, 1200
New Jersey Avenue SE, Washington, DC
205900001 between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: 202 4932251.
To avoid duplication, please use only one of these four methods. See the Public Participation portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64224, Washington, DC 205900001.
Office hours are from 8:30 a.m. to 5
p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, 202 366
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice Docket No. FMCSA20110389, Docket No. FMCSA20120050, Docket No. FMCSA20140381, Docket No.
FMCSA20150117, Docket No.
FMCSA20160008, Docket No.
FMCSA20190028, Docket No.
FMCSA20190030, or Docket No.
FMCSA20190031, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.
To submit your comment online, go to www.regulations.gov/, insert the docket
VerDate Sep<11>2014
16:44 Sep 21, 2021
Jkt 253001
number, FMCSA20110389, FMCSA
20120050, FMCSA20140381, FMCSA20150117, FMCSA2016
0008, FMCSA20190028, FMCSA
20190030, or FMCSA20190031 in the keyword box, and click Search.
Next, sort the results by Posted Newer-Older, choose the first notice listed, click the Comment button, and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 812 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the comment period.
B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20110389, FMCSA
20120050, FMCSA20140381, FMCSA20150117, FMCSA2016
0008, FMCSA20190028, FMCSA
20190030, or FMCSA20190031 in the keyword box, and click Search.
Next, sort the results by Posted Newer-Older, choose the first notice listed, and click Browse Comments. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call 202 3669317 or 202 3669826 before visiting Dockets Operations.
C. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its regulatory process.
DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL
14 FDMS, which can be reviewed at www.transportation.gov/privacy.
II. Background Under 49 U.S.C. 31136e and 31315b, FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds
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such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statute also allows the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a drivers medical certification.
The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41b8 states that a person is physically qualified to drive a CMV
if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to assist Medical Examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.
The 13 individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in 391.41b8, in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period.
III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136e and 31315b, FMCSA
will take immediate steps to revoke the exemption of a driver.
IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136e and 31315b, each of the 13 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 13 drivers in this notice remain in good standing with the 1 These criteria may be found in APPENDIX A TO
PART 391MEDICAL ADVISORY CRITERIA, section H. Epilepsy: 391.41b8, paragraphs 3, 4, and 5, which is available on the internet at https
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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